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To: NightOwl who wrote (68848)	3/22/2001 5:51:55 AM
From: John Walliker	Respond to of 93625

NightOwl, Can you tell me whether such NDA's also typically apply beyond the point at which the technology so disclosed otherwise made public by the disclosing party? Normally they would cease to bind the recipient if the information came into the public domain through no fault of the recipient. But of course it all depends on the exact terms agreed. John

To: NightOwl who wrote (68848)	3/22/2001 8:22:57 AM
From: gnuman	Read Replies (2) \| Respond to of 93625

Can you tell me whether such NDA's also typically apply beyond the point at which the technology so disclosed otherwise made public by the disclosing party? It's my experience that a company will have very restrictive rule's for accepting material under non- disclosure. They will have no obligation to disclose their own IP in development through the signing of an NDA, and will insert a clause protecting that IP. Typical conditions for signing an NDA would include: The Company shall be under no obligations with respect to any Proprietary Information disclosed: (1) Which the Company had in its possession before receipt of the material, (2) Which at the time of disclosure is available to the general public; (3) Which later becomes available to the general public through no action of the Company, (4) Which is disclosed to the Company by a third party who has the right to disclose that information. It basically is the attitude, "If you want to show me something you feel is novel, fine. But I am under no obligation to show you mine." Legal departments understand the risks of accepting proprietary information under NDA, and are very careful that such signing doesn't jeopardize any work that may be ongoing within the corporation. But heck, you knew that, Lawyer that you are. <g> JMO's